AN ORDINANCE relating to land use and zoning; affirming the rezone approved through Ordinance 125640; and accepting an amended Property Use and Development Agreement as a condition of rezone approval. (Remand of the approval granted through C.F. 314356 of a rezone application by 70th & Greenwood Ave, LLC, C.F. 314425, SDCI Project 3023260)

CITY OF SEATTLEORDINANCE __________________COUNCIL BILL __________________titleAN ORDINANCE relating to land use and zoning; affirming the rezone approved through Ordinance 125640; and accepting an amended Property Use and Development Agreement as a condition of rezone approval. (Remand of the approval granted through C.F. 314356 of a rezone application by 70th & Greenwood Ave, LLC, C.F. 314425, SDCI Project 3023260)bodyWHEREAS, in August 2018, the City Council ("Council") passed Ordinance 125640, which amended the Official Land Use Map to rezone a property located at 7009 Greenwood Avenue North from Neighborhood Commercial 2 with a 40-foot height limit (NC2 40) to Neighborhood Commercial 2 with a 55-foot height limit and mandatory housing affordability suffix (NC2 55 (M)) and accepted a Property Use and Development Agreement; andWHEREAS, Bob Morgan and Irene Wall ("Appellants") filed a land use petition (No. 18-2-21317-7) in King County Superior Court alleging multiple errors in the Council's rezone decision; andWHEREAS, in March 2019, the Superior Court remanded the decision to the Council "to address compliance with [Seattle Municipal Code subsection] 23.34.009.D.2, which requires that '[a] gradual transition in height and scale and level of activity between zones shall be provided unless major physical buffers, as described in subsection [23.34.008.E.2], are present,' in the area where the commercial Lot 287710-4100 shares a rear boundary line with the single family residential Lot 287710-4120 at 7010 Palatine Avenue North"; andWHEREAS, on April 17, 2019, the Council's Planning, Land Use and Zoning Committee heard oral argument from the Appellants and the rezone applicant on the remanded issue and recommended additional conditions in the area where the commercial Lot 287710-4100 shares a rear boundary line with the single-family residential Lot 287710-4120 to secure a gradual transition and physical buffer; and WHEREAS, Council decisions related to...